ML20111A190
| ML20111A190 | |
| Person / Time | |
|---|---|
| Issue date: | 04/23/2020 |
| From: | Michael Layton NRC/NMSS/DMSST |
| To: | State, Agreement States |
| References | |
| STC-20-034 | |
| Download: ML20111A190 (12) | |
Text
April 23, 2020 ALL AGREEMENT STATES REVISION OF THE CHRONOLOGY OF THE U.S. NUCLEAR REGULATORY COMMISSION AMENDMENTS INCLUDING
SUMMARY
OF CHANGE DOCUMENT FOR INDIVIDUAL MONITORING DEVICES, 10 CFR PARTS 34, 36, AND 39 [RATS ID 2020-1] (STC-20-034)
Purpose:
To provide the Agreement States with the Chronology of the U.S. Nuclear Regulatory Commission (NRC) Amendments including RATS ID 2020-1.
Background:
The NRC is amending its regulations to authorize the use of modern individual monitoring devices in industrial radiographic, irradiator, and well logging operations. These amendments will align personnel dosimetry requirements in these areas with the requirements for all other NRC licensees. This direct final rule addresses an issue raised in a petition for rulemaking and will affect NRC and Agreement State licensees.
Discussion: The final rule, published on March 18, 2020, is posted in the Federal Register (FR), (85 FR 15347). The chronology is enclosed in its entirety and includes RATS ID 2020-1, as maintained by the Office of Nuclear Material Safety and Safeguards (NMSS). The chronology is for your use to plan rulemaking actions that are needed to satisfy the compatibility and health and safety category designations of the NRC regulations. This document will also be used by the Integrated Materials Performance Evaluation Program (IMPEP) teams during upcoming program reviews.
In addition, a Summary of Change document for the March 18, 2020, amendment has been enclosed with this letter. This summary is for your use to identify the changes to the Code of Federal Regulations text as well as the compatibility categories associated with those changes.
These regulations are due for adoption by the Agreement States no later than December 30, 2022. We request that both, proposed regulations and final regulations, be provided to us for review in accordance with NMSS Procedure SA-201, Review of State Regulatory Requirements.
STC-20 -034 If you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT: Michelle Beardsley E-MAIL: Michelle.Beardsley@nrc.gov TELEPHONE: (301) 415-0275 Michael C. Digitally signed by Michael C. Layton Layton Date: 2020.04.23 14:01:16
-04'00' Michael C. Layton, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Chronology of NRC Amendments
- 2. Summary of Change Document - Individual Monitoring Devices
ML20111A190 *via e-mail OFFICE NMSS/MSST NMSS/MSST NMSS/MSST NMSS/MSST NAME MBeardsley* DAlley* LCuadrado* MLayton*
DATE 4/20/20 4/23/20 4/23/20 4/23/20 CHRONOLOGY OF NRC AMENDMENTS NRC Chronology Identification FR Notice Number RATS ID (State Implementation Due Date)
Safety Requirements for Radiographic Equipment - Part 34 55 FR 843; (1/10/94) 1991-1 ASNT Certification of Radiographers - Part 34 56 FR 11504; (none) 1991-2 Standards for Protection Against Radiation - Part 20 56 FR 23360; 56 FR 61352; 57 FR 1991-3 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; (1/1/94)
Notification of Incidents - Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations - Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions - 57 FR 45566; (none) 1992-2 Parts 30,35 Decommissioning Recordkeeping and License Termination: Documentation Additions 58 FR 39628; (10/25/96) 1993-1
[Restricted areas and spill sites] - Parts 30, 40 Licensing and Radiation Safety Requirements for Irradiators - Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program - Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism - Parts 30, 40, 70 58 FR 68726; 59 FR 1618; (none) 1994-1 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards - 59 FR 28220; (7/1/97) 1994-2 Part 40 Timeliness in Decommissioning Material Facilities - Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use - 59 FR 61767; 59 FR 65243; 1995-1 Parts 30, 32, 35 60 FR 322; (1/1/98)
Frequency of Medical Examinations for Use of Respiratory Protection Equipment - Part 20 60 FR 7900; (3/13/98) 1995-2 Enclosure 1
Low-Level Waste Shipment Manifest Information and Reporting - Parts 20, 61 60 FR 15649; 60 FR 25983; (3/1/98) 1995-3 Performance Requirements for Radiography Equipment - Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria - Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements - Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 Medical Administration of Radiation and Radioactive Materials - Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 Compatibility with the International Atomic Energy Agency - Part 71 60 FR 50248; 61 FR 28724; (4/1/99) 1996-1 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses - Parts 61 FR 1109; (none) 1996-2 30, 40, 70 Termination or Transfer of Licensed Activities: Recordkeeping Requirements - Parts 20, 30, 40, 61, 61 FR 24669; (6/17/99) 1996-3 70 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act - Part 20 61 FR 65120; (1/9/00) 1997-1 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an 62 FR 1662; (2/27/00) 1997-2 Agreement State - Part 150 Criteria for the Release of Individuals Administered Radioactive Material - Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 Fissile Material Shipments and Exemptions - Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography 62 FR 28947; (6/27/00) 1997-5 Operations - Parts 30, 34, 71, 150 Radiological Criteria for License Termination - Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea - Part 30 62 FR 63634; (1/02/01) 1997-7 Deliberate Misconduct by Unlicensed Persons - Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773; (2/12/01) 1998-1 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees - 63 FR 29535; (none) 1998-2 Parts 30, 40, 70 2
License Term for Medical Use Licenses - Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic 63 FR 37059; (7/9/01) 1998-4 Operations - Part 34 Minor Corrections, Clarifying Changes, and a Minor Policy Change - Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393; (10/26/01) 1998-5 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment - Part 20 63 FR 50127; (11/20/01) 1998-6 Radiological Criteria for License Termination of Uranium Recovery Facilities - Part 40 64 FR 17506; (6/11/02) 1999-1 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to 64 FR 42269; (none) 1999-2 Provide Requested Information - Part 31 Respiratory Protection and Controls to Restrict Internal Exposure - Part 20 64 FR 54543; 64 FR 55524; (2/2/03) 1999-3 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications - Part 39 65 FR 20337; (5/17/03) 2000-1 New Dosimetry Technology - Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material - 65 FR 79162; (2/16/04) 2001-1 Parts 30, 31, 32 Revision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1 Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2 Financial Assurance for Materials Licensees B - Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety 69 FR 3697; (10/01/07) 2004-1 Amendments B Part 71.
Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926 (4/29/08) 2005-2 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128; (12/01/2005) 2005-3 3
Minor Amendments - Parts 20, 30,32, 35, 40, 70 71 FR 15005; (03/27/09) 2006-1 National Source Tracking System - Serialization Requirements - Part 32 (with reference to Part 20 71 FR 65685, (02/06/07) 2006-2 Appendix E)
National Source Tracking System - Part 20 71 FR 65685; (01/31/09 Cat I and Cat 2006-3 II)
Medical Use of Byproduct Material - Minor Corrections and Clarifications - Parts 32 and 35 72 FR 45147, 54207; (10/29/10) 2007-1 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing 72 FR 58473; (12/17/10) 2007-2 and Reporting Requirements - Parts 30, 31, 32, and 150 Requirements for Expanded Definition of Byproduct Material Parts - 20, 30, 31, 32, 33, 35, 61, and 72 FR 55864, 73 FR 42672; (11/30/10) 2007-3 150 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements 72 FR 70901; (06/05/08) 2007-4 for Unescorted Access to Certain Radioactive Material (Order EA-07-305)
Occupational Dose Records, Labeling Containers, and the Total Effective Dose Equivalent Parts - 72 FR 68043, 72233; (02/15/11) 2008-1 19 and 20 Medical Use of Byproduct MaterialAuthorized User Clarification - Part 35 74 FR 33901; (09/28/12) 2009-1 Decommissioning Planning - Parts 20, 30, 40, and 70 76 FR 35512; (12/17/2015) 2011-1 Licenses, Certifications, and Approvals for Materials Licensees - Parts 30, 36, 39, 40, 51, 70, and 76 FR 56951; (11/14/2014) 2011-2 150 Change of Compatibility of 10 CFR 31.5 and 31.6 in the Withdrawal of Proposed Rule and Closure 77 FR 3640; (01/25/2015) 2012-1 of Petition For Rulemaking: Organization of Agreement States and Florida Department of Health, Bureau of Radiation Control Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear 77 FR 34194; (08/10/2015) 2012-2 Waste - Part 71 Technical Corrections - Parts 30, 34, 40, and 71 77 FR 39899; (08/06/2015) 2012-3 4
Requirements for Distribution of Byproduct Material - Parts 30, 31, 32, 40, and 70 77 FR 43666; (10/23/2015) 2012-4 Physical Protection of Byproduct Material - Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922; (03/19/2016) 2013-1 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions - Parts 30, 40, and 70 78 FR 16922; (08/27/2016) 2013-2 Domestic Licensing of Special Nuclear Material - Written Reports and Clarifying Amendments - 79 FR 57721, 80 FR 143; (01/26/2018) 2015-1 Part 70 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities - Parts 79 FR 58664, 80 FR 3865; (01/28/ 2015-2 30, 37, 73, and 150 2018)
Revisions to Transportation Safety Requirements and Harmonization With International Atomic 80 FR 33987; (07/13/2018) 2015-3 Energy Agency Transportation Requirements - Part 71 Miscellaneous Corrections - Parts 37 and 40 80 FR 45841; (09/02/2018) 2015-4 Miscellaneous Corrections - Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974; (12/31/2018) 2015-5 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and 83 FR 33046; (01/14/2022) 2018-1 Clarifying Amendments - Parts 30, 32 and 35 Miscellaneous Corrections - Organizational Changes - Parts 37, 40, 70, and 71 83 FR 57231; (12/21/2021) 2018-2 Miscellaneous Corrections - Parts 1, 2, 34, 37, 50, 71, 73, and 140 83 FR 30285; (07/30/2022) 2018-3 Miscellaneous Corrections - Parts 2, 21, 37, 50, 52, 73, and 110 84 FR 63565; (12/18 2022) 2019-1 Organizational Changes and Conforming Amendments - Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 84 FR 65639 2019-2 73, 74, 100, 140, and 150 84 FR 66561; (12/30/2022)
Individual Monitoring Devices - Parts 34, 36, and 39 85 FR 15347 (06/16/2023) 2020-1 5
Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 (85 FR 15347, Published March 18, 2020)
RATS ID: 2020-1 Effective Date: June 16, 2020 Date Due for State Adoption: June 16, 2023 Change to Title State Compatibility Summary of Change to CFR Difference Significant If Difference, NRC Section Section Category Yes/No Yes/No Why or Why Not Was a Comment Generated
§ 34.47 Personnel C In § 34.47:
monitoring a. In paragraph (a) introductory text remove the phrase that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor;
- b. Revise paragraph (a)(3);
- c. Remove paragraph (a)(4);
and
- d. Revise paragraphs (d) and (f).
to read as follows:
(a) * * *
(3) Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be Enclosure 2
Change to Title State Compatibility Summary of Change to CFR Difference Significant If Difference, NRC Section Section Category Yes/No Yes/No Why or Why Not Was a Comment Generated evaluated at least quarterly or promptly after replacement, whichever is more frequent.
(d) If an individuals pocket chamber is found to be off-scale, or if his or her electronic personal dosimeter reads greater than 2 millisieverts (200 millirems), and the possibility of radiation exposure cannot be ruled out as the cause, the individuals personnel dosimeter that requires processing must be sent for processing and evaluation within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. For personnel dosimeters that do not require processing, evaluation of the dosimeter must be started within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. In addition, the individual may not resume work associated with licensed material use until a determination of the individuals radiation dose has been made. This determination must be made by the RSO or the RSO's designee. The results of this determination must be included in the records maintained in accordance with § 2
Change to Title State Compatibility Summary of Change to CFR Difference Significant If Difference, NRC Section Section Category Yes/No Yes/No Why or Why Not Was a Comment Generated 34.83.
(f) Dosimetry results must be retained in accordance with § 34.83.
§ 34.83 Records of C In § 34.83(c):
personnel monitoring Remove the phrase received from the accredited NVLAP processor.
§ 36.55 Personnel H&S In § 36.55, revise paragraph (a) monitoring to read as follows:
(a) Irradiator operators shall wear a personnel dosimeter while operating a panoramic irradiator or while in the area around the pool of an underwater irradiator. The personnel dosimeter must be capable of detecting high energy photons in the normal and accident dose ranges. Each personnel dosimeter must be assigned to and worn by only one individual. Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel 3
Change to Title State Compatibility Summary of Change to CFR Difference Significant If Difference, NRC Section Section Category Yes/No Yes/No Why or Why Not Was a Comment Generated dosimeters must be evaluated at least quarterly or promptly after replacement, whichever is more frequent.
§ 39.65 Personnel C In § 39.65, revise paragraph (a) monitoring to read as follows:
devices (a) The licensee may not permit an individual to act as a logging supervisor or logging assistant unless that person wears a personnel dosimeter at all times during the handling of licensed radioactive materials. Each personnel dosimeter must be assigned to and worn by only one individual. Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be evaluated at least quarterly or promptly after replacement, whichever is more frequent.
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